Does a final order for foreclosure extinguish an insurable interest?

Saskatchewan, Canada


The following excerpt is from General Accident Assurance Co. of Canada v. Walton, 2000 SKCA 125 (CanLII):

The case law is clear, however, that an insurable interest continues to exist after foreclosure proceedings have been commenced because the mortgagor is still the owner of the property and in possession of it. See: Fordorchuk v. Car & General Insurance Corp.[10] and Chenier et al. v. Madill.[11] Those cases also make it clear that where the insured retains the title even after an order for foreclosure has been made — bare legal title and possession can found an insurable interest. What is not so clear is whether the final order for foreclosure, transfer of title and an order requiring the mortgagor to deliver up possession extinguishes the insurable interest.

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